For the shortage, you can dismiss the materially responsible person under article No. 81 of the Labor Code of the Russian Federation, paragraph No. 7, as for the loss of confidence. Everything needs to be documented correctly so that if an employee turns to the labor inspectorate or the court, there are no problems and the employer is not forced to reinstate the dismissed at the workplace and pay compensation for the forced downtime. In addition, if a dismissal is not properly executed for a shortage, a large administrative fine may be imposed on the employer.
It is necessary
- - act of checking values
- - act of detected shortage
- - act of checking the operation of devices
- -document on recovery, on reprimand, punishment
- -explanatory
- -order of dismissal under article No. 81 of the Labor Code of the Russian Federation
Instructions
Step 1
Dismissal for a shortage under the article for the loss of confidence can only be persons who are directly entrusted with individual or general financial responsibility and all documents about it have been signed.
Step 2
After checking material values and funds and in the event of a shortage, you need to draw up an act of shortage with a detailed description of the shortage itself. The act on the discovery of the shortage must be signed by the commission that carried out the inspection, the head of the enterprise, the chief accountant and the financially responsible person.
Step 3
The head of the enterprise must draw up a document, which will indicate the recovery and punishment imposed on the employee for committing the shortage, and submit it under the personal signature of the financially responsible person.
Step 4
The financially responsible person in relation to whom the fact of shortage is established must write a detailed explanation of this fact. If the explanation indicates that the shortage was due to the fault of malfunctioning devices, with the participation of which material values were accepted and released, for example, weights, then make an additional check. It is necessary to involve representatives of the organization with which the contract for the maintenance of these devices was concluded in the check.
Step 5
After verification, according to its results, an additional act on the results of the verification is drawn up and signed by all representatives of the commission for checking the devices and the financially responsible person.
Step 6
Dismissal for shortage is possible only in case of proven guilt of the financially responsible person for committing the shortage. If a general material liability for material assets is formalized, for example, a brigade, then each team member is presented with a separate penalty for committing the shortage and evidentiary guilt in each of them.
Step 7
After all the checks made, correctly drawn up documents based on the results of these checks, the employer can unilaterally terminate the employment contract under Article 81, paragraph 7 - for loss of confidence.
